UK immigration documentation and the right to employment

Source: The South African, 20/03/2017

In the past few months our consultants have been receiving more and
more distressed calls from clients who are calling as employers are
terminating or suspending their employment due to their immigration
documentation not being in order according to the employer.


Several clients are calling about their right to employment and UK
immigration documentation and specifically the following issues;


• Employment being terminated for not having a Biometric Residence Permit
• Employers saying that the Indefinite Leave to Remain (ILR) in an
expired passport is no longer valid for employment
• And employers suspending employees as their passports have expired
even though the visa remains valid for employment.


• We also have persons calling about the above issues who qualify to
apply for British citizenship but simply do not have the money to
lodge the application at the British Home Office.


We strongly advise clients of the following regarding immigration
documentation
• Save up for the British Citizenship application well in advance so
that you are able to pay the UK Home Office fee when you qualify to
apply as this will make life so much easier in terms of employment
administration and immigration documentation.


• It is currently taking about four months to obtain a new South
African passport. The transfer of conditions of the visa or ILR will
take approximately two more months. Clients should thus be aware of
the fact that it could take at least six months to get a new passport
with the transfer of the visa and permit included.


• We thus strongly advise clients that even though a visa is valid
despite the passport being expired it will be well advised to obtain a
new passport well in advance of the current ones expiring so that they
can do a transfer of conditions if necessary for employment purposes.
In this regard one has to keep in mind that the UK Home Office does
charge an additional fee to process the Transfer of conditions.


• The Biometric residence card is a new introduction in the visa
process. Applicants now received a BRP card as confirmation of their
visa status. Applicants who applied for their visas before the
introduction will not hold a BRP card. Clients do not need to be in
possession of a Biometric Residence Permit in order to qualify to work
in the UK. However employers are under the impression that all visa
holders should have a BRP card. Should there be doubts in regards to
your visa and employment status clients are welcome to contact us and
we will be able to provide a letter confirming the current employment
rules regarding your status in the UK.


For more information or for peace of mind get in touch with your
consultant today. Why not let us help you plan your immigration route
to British Citizenship. Please use the form below to get in touch with us.